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ASSOCIATED WHOLESALE GROCERS, INC. v. UNITED STATES

Civ. A. No. KC-2424.

272 F.Supp. 274 (1967)

ASSOCIATED WHOLESALE GROCERS, INC., Plaintiff, National Association of Food Chains Intervening Plaintiff, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants.

United States District Court D. Kansas.

June 29, 1967.

Attorney(s) appearing for the Case

Clarence D. Todd, Eugene M. Malkin, Laurence R. Brown, Washington, D. C., and Robert Bingham, Kansas City, Kan., for plaintiff.

William W. Scott, Washington, D. C., for plaintiff in intervention.

Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, and Newell A. George, U. S. Atty., for defendant United States.

Robert W. Ginnane, Gen. Counsel, and Raymond M. Zimmet, Atty., Interstate Commerce Commission, for defendant Interstate Commerce Commission.

Before HILL, Circuit Judge, STANLEY, Chief Judge, and TEMPLAR, District Judge.

HILL, Circuit Judge.

This action was brought under 28 U.S.C. §§ 1336, 1398, 2284, 2321-2325, 49 U.S.C. § 17, and 5 U.S.C. § 1009, to enjoin, annul, and set aside a decision and order of the Interstate Commerce Commission. The Commission, pursuant to 49 U.S.C. § 304(c), instituted an investigation of certain practices of plaintiff Associated Wholesale Grocers, Inc., and hearings were held before an examiner who issued a report wherein he found...

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